Legal Question in Workers Comp in California
the company I work for used my fmla hours then accepted my wc claim buy, they have noy returned my fmla hours to me. is this legal.
2 Answers from Attorneys
Once the injury is accepted as being work related, you are entitled to WC benefits from the day of the injury on. Since TTD is paid at 2/3rd of you wage rate, some people use part of their sick leave to get full pay. You also have to be off for more than, I believe, three days. Talk to the WC insurance carrier's claims representative to find out what you are entitled to ans whether they need to write the employer to refund some of your family leave time off.
You should have been receiving temporary disability benefits at the rate of 2/3 of your salary. Feel free to call us at 213.388.7070 for a free consultation.
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